Water (Prevention and Control of Pollution) Act, 1974
13. Constitution of Joint Boards.
(1) Notwithstanding anything contained in this
Act, an agreement may be entered into -
(a) by two or more
Governments of contiguous States; or
(b) by the Central
Government (in respect of one or more Union territories) and one or more
Governments of States contiguous to such Union territory or Union
territories, to be in force for such period and to be subject to renewal for
such further period, if any, as may be specified in the agreement to provide
for the constitution of a Joint Board, -
(i) in a case referred
to in clause (a), for all the participating States; and
(ii) in a case referred to in clause (b), for the participating Union territory
or Union territories and the State or States.
(2) An agreement under this section may -
(a) provide, in a case
referred to in clause (a) of sub-section (1), for the apportionment between the
participating States and in a case referred to in clause (b) of that
sub-section, for the apportionments between the Central Government and the
participating State Government or State Governments, of the expenditure in
connection with the Joint Board;
(b) determine, in a
case referred to in clause (a) of sub-section (1), which of the participating
State Governments and in a case referred to in clause (b) of that sub-section,
whether the Central Government or the participating State Government (if there
are more than one participating State, also which of the participating State
Governments) shall exercise and perform the several powers and functions of the
State Government under this Act and the references in this Act to the State
Government shall be construed accordingly;
(c) provide for consultation, in a case referred to in clause (a) of
sub-section (1), between the participating State Governments and in a case
referred to in clause (b) of that sub-section, between the Central Government and
the participating State Government or State Governments either generally or
with reference to particular matters arising under this Act;
(d) make such
incidental and ancillary provisions, not inconsistent with his Act, as may be
deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall be
published, in a case referred to in clause (a) of sub-section (1), in the
Official Gazette of the participating State and in a case referred to in clause
(b) of that sub-section in the Official Gazette of the participating Union
territory or Union territories and the participating State or States.